Disclaimer - please read
The definitions on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The definitions have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The definitions on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the definitions will achieve the relevant climate goal or any other outcome.
This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The definitions are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these definitions, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these definitions or any other person. Users should use their own professional judgement in the application of these definitions to any particular circumstance or jurisdiction or seek independent legal advice.
At present, all the definitions are based on the laws of England and Wales. We encourage the conversion of these precedent definitions for use in other jurisdictions.
Air Quality means the condition of air in and around a given location, in particular the extent to which it is clean, clear and free from pollutants including smog, smoke, industrial gases and dust.
A general definition of air quality is included above. This is unlikely to change between jurisdictions.
Globally, air quality is measured and forecast empirically using air quality indices which vary by country. These indices match observed pollutant concentration data against epidemiological outcomes.
For example, in Australia, each state and territory compiles a daily Ambient Air Quality index using the standards published by the National Environmental Protection Council. The Ambient Air Quality index is compiled by aggregating the concentrations for each of carbon monoxide, nitrogen dioxide, ozone, sulphur dioxide, lead and particulate matter (small particles of certain sizes, including dust). Index values correspond to health advice.
In the EU air quality is regulated under the Air Quality Directive 2008 (2008/50/EC). The Directive sets standards for ambient air quality covering 8 pollutants including sulphur dioxide, nitrogen dioxide, particulates and ozone. it requires member states to actively assess and manage the ambient air quality in different areas or zones within their territory. EU member states then report air quality data to the EU Commission.
Supply chain clauses, construction contracts, contract manufacturing clauses – when creating obligations to [minimise/cap/prevent] emissions that may have deleterious impact on [an air quality index AQI], including carbon monoxide, nitrogen dioxide, ozone, sulphur dioxide, lead and breathable particle matter. Operational health and safety (OH&S) clauses – outdoor worksites cannot operate if the [Ambient Air Quality index] exceeds .